ENVIRONMENT, CLIMATE

AND THE LAW

A LO O K A

T TH E L

E G A L FR A M

E WO R K G

O V E R N I NG

E N V I RO N M

E N T AN D C

L I MAT E

NATIONAL POLICY

L E GA L F O

U N D A T I ON S O

F OU R E N V I R O

N ME N T A L R I G

H T S

SECTION 16, ARTICLE II, 1987 CONSTITUTION

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

PHILIPPINE

ENVIRONMENT CODE

“the Government recognizes the right of the people to a healthy environment. It shall be the duty and responsibility of each individual tocontribute to the preservation and enhancement of the Philippine environment.” (Sec. 3)

Trustee principle Environmental Impact

Assessment (EIA) as official policy

PD 1151 (1977)

PHILIPPINE

ENVIRONMENT CODE

On Natural Resources: “to provide the basics on the management and conservation of the country’s natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations” (Par. A, Sec. 25, Title IV)

Education, Participation and Public hearing

PD 1152 (1977)

SEC. 2, ART. XII NATIONAL ECONOMY AND PATRIMONY, 1987 CONSTITUTION

REGALIAN DOCTRINE All lands of the public domain, waters, minerals, coal,

petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.

SECTION 2, ARTICLE II, 1987 CONSTITUTION

DOCTRINE OF INCORPORATION The Philippines renounces war as an instrument ofnational policy, adopts the generally acceptedprinciples of international law as part of the law ofthe land and adheres to the policy of peace,equality, justice, freedom, cooperation, and amitywith all nations. (Section 2, Article II)

TREATIES & INTERNATIONAL

AGREEMENTS

L E G A L F O U N D A T I O N S O F O U R E N V I R O N ME N T A L R I G H T S

EARTH SUMMIT (1992)

Convention on Climate Change (To address climate change)

Convention on Biodiversity (To protect biodiversity)Agenda 21 (Sustainable development, poverty

eradication through management of resources and improvement of quality of life)

UNFCCC (1992)

•Stabilize greenhouse gas concentrations in the atmosphere

•Anthropogenic causes of climate change•Climate finance by developed countries to poor

countriesPrecautionary principle the principle that the introduction of a new product or process whose

ultimate effects are disputed or unknown should be resisted.

CLIMATE CHANGE

ACTReaffirms UNFCCC objectiveRecognizes vulnerability of

the Philippines to climate change impacts

Creation of CCC (mainstream CC, mitigation)

Adaptive capacityNational Climate Change

Action Plan

RA 9729 (2009)

PEOPLE’S SURVIVAL

FUNDEstablishes a special

fund in the National Treasury that will finance climate change adaptation programs and projects.

RA 10174 (2012)

JURISPRUDENCE

L E GA L F O

U N D A T I ON S O

F OU R E N V I R O

N ME N T A L R I G

H T S

DECISIONS OF COURTS AS LAW

Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (Art. 8, RA 386, New Civil Code)

OPOSA V. FACTORAN G.R. NO. 101083 JULY 30, 1993

Petitioners argue that minors are entitled to the full benefit, use and enjoyment of natural resources and wanted to cancel all existing timber license agreements.

Defendant filed a motion to dismiss, as the petitioners had no cause of action.

RTC ruled in favor of defendant.

OPOSA V. FACTORAN G.R. NO. 101083 JULY 30, 1993

SC ruled that the petitioners had cause of action as rights arising from Sec 16, Art 2 of Constitution, Sec 4, EO 192 (DENR) and Title XIV, Book IV of the Admin Code were violated.

TLAs are not contracts, but permits. They do not create rights, only privileges.

Principles – sources of rights and obligations. Absence of particular laws not an excuse for govt to fulfill functions

OPOSA V. FACTORAN G.R. NO. 101083 JULY 30, 1993

While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation

OPOSA V. FACTORAN G.R. NO. 101083 JULY 30, 1993

The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment.

LEGAL REMEDIES

WH AT R

E ME D I E

S AR E A

V A I LA B L E T

O TH E C

O MM

U N I TI E

S ?

JUDICIAL AND

ADMINISTRATIVE REMEDIES

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A

.M. N

O.

09-6-8-SC)

JUDICIAL REMEDIESRULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M. NO. 09-6-8-SC)

• Environmental Protection Order (EPO) Directs any person or agency to perform or desist from

performing an act in order to protect, preserve or rehabilitate the environment. Upon verification of the complaint, the Court may issue a TEPO effective for 72 hours from the date of receipt of the party enjoined.

• Writ of Continuing Mandamus (Secs. 1-8, Rule 8) Directs any agency to perform an act or series of acts decreed

by final judgement. Filed before the RTC.

JUDICIAL REMEDIESRULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M. NO. 09-6-8-SC)

• Writ of Kalikasan (Secs. 1-17, Rule 7) Filed before the Supreme Court or any of the stations of the CA. Relief sought when environmental damage involves two or more

cities or provinces. Prayer may also include prayer to issue TEPO. Directs respondent to permanently cease and desist from acts

or omissions in violation of environmental laws. Directs respondent public official, government agency or private

person to protect, rehabilitate or restore the environment.

JUDICIAL REMEDIESRULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M. NO. 09-6-8-SC)

• SLAPP (Secs. 1-4, Rule 6; Secs. 1-3, Rule 19)

POLLUTION

ADJUDICATION BOARD

The Board shall have exclusive jurisdiction over the adjudication of pollution cases, and all other matters related thereto, including the imposition of administrative sanctions. • TEMPORARY AND FORMAL

LIFTING ORDERS• CEASE AND DESIST ORDERS

POWERS AND DUTIES AS DEFINED BY LAWS

CLEAN AIR ACT (RA 8749)

a. For actual exceedance of air quality standards or limitations provided under the Clean Air Act;

b. Any order, rule or regulation issued by the DENR with respect to such standard or limitation

CLEAN WATER ACT (RA 9275)

The PAB has the exclusive and original jurisdiction with respect to adjudication of pollution cases based on exceedance of the DENR Effluent Standards

ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM (P.D. 1586)

The PAB has jurisdiction to hear cases of violation of P.D. 1586 and its IRR as defined in Section 27 (h) of R.A. 9275

ECOLOGICAL SOLID WASTE MANAGEMENT ACT (RA 9003)

The PAB has jurisdiction to hear cases of unauthorized transport and dumping into sea water solid waste as defined in R.A. 9003.

TOXIC SUBSTANCES AND HAZARDOUS WASTES ACT (RA 6969)

a. Illegal transport or dumping or discharge of prohibited chemicals, substances or pollutants listed under R.A. 6969; and

b. Operating facilities that discharges hazardous substances into water bodies.

TOXIC SUBSTANCES AND HAZARDOUS WASTES ACT (RA 6969)

a. Illegal transport or dumping or discharge of prohibited chemicals, substances or pollutants listed under R.A. 6969; and

b. Operating facilities that discharges hazardous substances into water bodies.

OTHER ADMINISTRATIVE REMEDIES

• Anti Red Tape Act (Sec. 8, RA 9485)• Ombudsman for Environment• Freedom of Information (EO 2 Series of 2016)• Administrative Bodies (e.g. Pollution Adjudication

Board)